The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1887-03-15
WHY II WAS DONE.

Associate Justice B0reman. of the
Second District, IS reported as saying to
the Grand Jury, in the course OF his
charge, that government had been ex-
ceediDgly kind :and lenient in dealing
with The Mormons, and illustrated
this by calling attention to the fact that
this is the only Territory from which
ppesls to the United States Supreme
Court are allowed. In saying so much
His Honor made confession which re-
fected on him quite as much as it gave
credit to Congress In providing for
appeals TO the Supreme Court, Congress
displayed an excellent knowledge O..
the class of men sent to this Territory
as Judges. 1t knew the character of the
average Judge, and knew how little
chance for justice a Mormon would
have in his court if there were no ap-
peal from the local tribunals. That
appeals were allowed to the United
States Supreme Court was not to show
Ieniency and compassion for the Nor
mons nor to release them from any
responsibility for their offenses; it was
that they might have their rights before
the law which are guaranteed to ali; that
they might be protected, not from the
law, but from partisan courts and pre-
JUDGED judges, who do not hesitate to
disregard the plain ruling of the sta
tutes when they desire to punish
Mormon. Doubtless Judge Foreman
feels keenly the rebuke administered to
him and his associates by the Supreme
Court in the Snow case. He probably
regards that Supreme Court decision as,
len:ency towards Mormons on the part
of the government. His narrow mind
and oVerpowering prejudice will not
permit him to understand that justice
to Nor mon is not leniency or kind
ness. Boreman is one of the men who
said Apostle Snow should suffer i'm
prisonment eighteen months and pay
fines aggregating to $500, for an offense
which the law declared II language so |
plain that fool could understand it, |
was punishable by six months imprison-
ment and $500 fine. IfBoreman could |
have his way, the law for the persecu-
ton of Mormons would be the
outrageous engine which he has so
many times tried to make it.
1t is not a kindness on the part Of
Congress to aNow appeals from the
local Federal courts to the United States
Supreme Court. To deny such appeals
would be the refinement of cruelty, a
barbarity so gross and monstrous
that no government claiming to be
civilized could assent to it. The neces-
-sity for such appeals, the justice of
allowing them, have been shown in
many cases, that of Apostle Snow of
last month being the latest If there
had been no provision for such appeals,
scores of innocent Mormons would
have been hanged by the Federal Courts,
thousands would have been plundered
worse than they have been, and to-day
scores of men would be in the peniten-
tiary in defiance of Che law. Judge
Boreman knows this, if his prejudice
viii permit him to know anything
beyond an insane hatred of Mormous.
If the people Of other Territories
cannot appeal their causes to the
United States Supreme court, it
is because there is little or no occasion
to carry them beyond the local tri-
bunals; it is because the local judges
are not making war on the people, dis
terting the law, outraging justice and
giving free rein to prejudice and fanati-
cism, II our courts were bent on deaE lg
out equal and exact justice, on giving
the same Interpretation to statutes here
that they would give to the same laws
il il administering the law
they would l8e sight of mans reli-
gion and church utilization, there would
be no reason for making an exception
in the case of Utah in the matter of ap-
peals TO the .. S. Supreme Court
Judge Foreman knows why Congress
permitted appeals from the Territorial
s)urts; he knows it was to protect the ;
people from the wicked prosecutions IN.
he name Of law by Federal Judges of I
which he is fair example; and not to :
-avor or befTiend the Saints in any way.
TIE EDMUEDs-TUcKER law is the t